Wright v. Bank of America, N.A., 456 N.J. Super. 328 (App. Div. 2018). This short opinion by Judge Fisher reversed a decision of the Law Division that dismissed plaintiff’s Complaint under the Truth in Consumer Contract, Warranty, and Notice Act, ...
Chief Justice Rabner has issued the General Assignment Order for 2018-19. It is available here. The Appellate Division lineup again features Judge Messano as Presiding Judge for Administration and Judge Sabatino as Deputy Presiding Judge for Administration. Those two judges, ...
G.A.-H. v. K.G.G., 455 N.J. Super. 294 (App. Div. 2018). An emergency medical technician (“EMT”), designated as “Kenneth” in today’s opinion by Judge Fisher, engaged in an unlawful sexual relationship with plaintiff (designated as “Georgia”), who was then just fifteen ...
This past Monday, I argued two appeals in the Supreme Court of New Jersey. They were the Accutane matters discussed and . In the period leading up to those arguments, and the days following, the courts continued to issue opinions. ...
The Supreme Court announced that it will review two new cases. One is at the Court as of right, due to a dissent in the Appellate Division. The Court granted certification in the other. The appeal as of right is ...
New Jersey Department of Children & Families v. E.L., 454 N.J. Super. 10 (App. Div. 2018). Courts often give public entity parties more leeway in complying with rules, court orders, and the like than private parties are given. Sometimes Court ...
All the Way Towing, LLC v. Bucks County International, Inc., 452 N.J. Super. 565 (App. Div. 2018). Today’s opinion by Judge Fisher reaffirms a fundamental principle: on summary judgment, a court must view the facts most favorably to the opponent ...
Green v. Monmouth University, 452 N.J. Super. 542 (App. Div. 2018). Today’s opinion by Judge Leone affirmed summary judgment in favor of defendant Monmouth University under the Charitable Immunity Act, N.J.S.A. 2A:53A-7 to -11 (“the Act”). Judge Ostrer joined in ...
M.C. v. G.T., 452 N.J. Super. 509 (App. Div. 2018). Judge Fisher used no more words than necessary in his five-page opinion on this appeal. Plaintiff filed a complaint against defendant under the Prevention of Domestic Violence Act, N.J.S.A. 2C:25-17 ...
A.T v. M. Cohen, M.D., 231 N.J. 237 (2017). “This was an appeal as of right in a medical malpractice case in which plaintiff was a minor. Due to counsel’s oversight, plaintiff failed to file an affidavit of merit within ...